Judge Grants Motion to Stay in Motorola Patent Infringement Case
Tuesday, May 09, 2017 | Comments

A federal judge placed a stay on one of two complaints filed by Motorola Solutions against Hytera Communications in a U.S. district court, pending the outcome of an investigation by the U.S. International Trade Commission (ITC).

In mid-March, Motorola Solutions filed patent infringement and theft of trade secrets complaints against Hytera Communications in U.S. District Court for the Northern District of Illinois.

About two weeks later, Motorola filed a patent infringement complaint against Hytera with the ITC. The ITC launched an investigation into Motorola’s allegations at the end of April.

Attorneys for Hytera filed a motion for the stay May 4, citing 28 U.S. Code 1659, which requires a district court to stay proceedings in a case that involves the same parties as an ITC investigation occurring at the same time should one party request a stay.

Judge John Robert Blakey granted the motion the next day and canceled all the scheduled deadlines and hearings for the case. In addition, he set a status conference for Sept. 7 for an update on the status of the ITC investigation.

In the theft of trade secrets case, Judge Samuel Der-Yeghiayan granted a Hytera motion for an extension to the deadline for responding to Motorola’s complaint. A motion from Hytera was originally due May 4, but the company now has until May 31 to respond. Additionally, a status hearing scheduled for May 9 was pushed back until June 7.

Hytera’s motion for an extension followed a motion to switch its attorneys, which the judge also granted. In the motion for an extension, Hytera said that because it recently changed attorneys, it had not had enough time to properly consult with its new attorneys on the case.

According to Hytera’s motion, Motorola did not object to the request for an extension.

Separately, there was an April 6 hearing in the trade secrets case. The details of that hearing are not clear as the transcript has not been released. The court is working on redacting the transcript and expects it to be available sometime in early July.

The ITC investigation has been assigned to Administrative Law Judge Mary Joan McNamara. Since the launch of the investigation, there has not been much action in the case besides procedural matters and the institution of a protection order, according to the docket for the case.

The protection order is intended to protect any confidential or proprietary information that comes up during the case.

In addition to the Illinois and ITC cases, Motorola Solutions filed patent infringement complaints against Hytera Communications and Hytera Mobilfunk of Bad Munder, Germany, in the Regional Court of Dusseldorf in Germany in mid-April.




 
 
Post a comment
Name: *
Email: *
Title: *
Comment: *
 

Comments

No Comments Submitted Yet

Be the first by using the form above to submit a comment!

Site Navigation

Close